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Practice Of Real EstateFair_housingHARD

An associate broker in Albuquerque represents a buyer, Sofia, who is a transgender woman of Mexican ancestry. The listing broker tells Sofia's associate broker that the seller has instructed him to reject all offers from 'people like her.' Sofia's associate broker suspects the rejection is based on both gender identity and ancestry. Under the New Mexico Human Rights Act, which of the following statements is most accurate regarding Sofia's potential claims?

Correct Answer

D) Sofia may have valid claims based on both gender identity and ancestry, as both are independently protected classes under the New Mexico Human Rights Act.

The New Mexico Human Rights Act (NMSA 1978, Chapter 28, Article 1) independently protects both gender identity and ancestry as separate protected classes. A complainant may assert claims based on multiple protected classes simultaneously if the discrimination implicates more than one class. Sofia is not required to choose between her claims, and both gender identity and ancestry may serve as independent bases for a fair housing complaint under New Mexico law.

Answer Options
A
Sofia can only bring one claim at a time and must choose between gender identity and ancestry as the basis for her complaint.
B
Sofia has no claim under state law because the seller's instruction was communicated to the associate broker, not directly to Sofia.
C
Sofia's claim is limited to ancestry because gender identity is only protected under federal law, not New Mexico state law.
D
Sofia may have valid claims based on both gender identity and ancestry, as both are independently protected classes under the New Mexico Human Rights Act.

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Related Topics & Key Terms

Key Terms:

fair_housingstate_protected_classesgender_identityancestryhuman_rights_actmultiple_protected_classesexpert_trap

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